Solid Waste History

Solid Waste HistorySolid Waste Management in WashingtonLong before wastes in Washington were categorized as hazardous waste (e.g., toxic byproducts) and solid waste, or non-hazardous waste (e.g., garbage), they were all managed inessentially the same way, which generally involved dumping onto lands or waters. In everycounty there were open and unregulated disposal sites. Many of theses sites were potentialthreats to public health.Prior to 1961, solid waste collection companies (or haulers) operated in the same manner as"common carriers" and were licensed and viewed essentially as trucking companies. Manyhaulers competed for lucrative routes in densely populated areas, while many rural areas, wherecollection costs are higher, received varied levels and prices of collection services.Washington State’s response was the enactment of Ch. 296 of the Laws of 1961, adding solid wastecollection to the list of activities regulated by the Washington Utilities and TransportationCommission (WUTC). Solid waste companies in operation on July 1, 1961, were grantedcertificates of Public Necessity and Convenience (G-Certificates) for their service territory. TheseG-Certificates are property rights, granting authority to provide service within specific areas. Inexchange for a G-Certificate, the companies are subject to comprehensive state regulation of everycomponent of their services and rates under the regulatory auspices of the WUTC, much likeother regulated utilities. The purpose of the 1961 statute was to guarantee safe and affordablesolid waste collection to all areas of the state, in particular those rural areas that historically hadnot received reliable, affordable, or any service.A certificate holder's operation is closely monitored and regulated by the WUTC. Rates, servicelevels, routes, business practices, insurance, vehicle operation and maintenance, vehicle safety,driver qualifications, driver drug and alcohol programs, and consumer relations are all subject toWUTC regulation (RCW Chap. 81.77 and 70.95, and WAC 480.70). The WUTC reviews allcompany expenses and allows only reasonable, prudently incurred expenses for the purpose ofsetting rates that are charged to the public. The WUTC may, after hearing, suspend, revoke, alter,or amend any certificate if a company has willfully violated or refused to observe any of thecommission's orders, rules, or regulations, or has failed to operate as a solid waste collectioncompany for a period of at least one year preceding the filing of the complaint.Comprehensive state solid waste management legislation was first enacted in 1969. Sincethen, the laws and accompanying regulations have changed a great deal to address theEcology Publication #04-07-0241

Background Paper for Beyond Waste Summary Documentevolution in knowledge about the proper handling of solid waste and the properconstruction, monitoring, and closure of landfills.The Solid Waste Management Act, Chapter 70.95 RCW, was enacted by the Washington StateLegislature in 1969. This legislation placed responsibility for waste management in the handsof local government. It required local health departments to be the main regulatory entity,issuing landfill permits and fining those responsible for illegal disposal. It directed theclosure of open dumps or their conversion to landfills that met specific design standards.The legislation directed the convening of a state solid waste advisory committee (SWAC) toprovide consultation to Ecology. This consultation included making legislativerecommendations and reviewing the State’s first solid waste management plan.The 1971 Model Litter Control Act, Chapter 70.93 RCW, established a tax on commonlylittered items in lieu of a beverage container deposit system. Later, in 1976, this act wasamended to establish the Ecology Youth Corps to clean litter and to promote recycling.The Solid Waste Management Act also directed Ecology to develop minimum functionalstandards for solid waste handling. In 1972, Ecology issued the first Minimum FunctionalStandards, Chapter 173-301 WAC. These provided standards for the handling of solid wastes,and the operation of sanitary landfills. These standards prohibited open burning andprovided the basis for the regulation of solid waste facilities by local health departments.In 1972, Ecology prepared the state’s first Solid Waste Management Plan. The plan discussedlocal planning requirements and the handling and disposal of residential and commercialwastes.In 1976, the United States Congress passed the Resource Conservation and Recovery Act(RCRA). This law directed each state to prepare a plan for managing solid waste, to bereviewed by the Environmental Protection Agency.In 1976, the Legislature amended the Solid Waste Management Act to deal separately withhazardous waste. The Hazardous Waste Management Act, Chapter 70.105 RCW definedhazardous wastes in two categories, "dangerous" and "extremely hazardous." The act alsodirected Ecology to adopt minimum standards and regulations for disposal of extremelyhazardous wastes.In 1980, Ecology produced its second Solid Waste Management Plan. This plan dealt withcollection and disposal systems. It addressed hazardous, residential, and commercial waste,with an emphasis on planning for hazardous waste management.In 1984, the Solid Waste Management Act was amended to define the state’s wastemanagement priorities as:1. Waste reduction2. Waste recycling2

Background Paper for Beyond Waste Summary Document3. Energy recovery/incineration4. LandfillingThe 1984 amendments also mandated the formation of local SWACs for each county to assistin the development of county comprehensive solid waste management plans. Ecology wasauthorized to approve local solid waste plans, to review local solid waste permits, and, ifnecessary, to appeal their issuance within 30 days.In 1985, the first set of Minimum Functional Standards (MFS) (Chapter 173-301WAC) wasrepealed and a second set of standards, Chapter 173-304 WAC, was established. The newMFS expanded the types of facilities governed and set forth siting criteria, design andperformance standards and closure and post-closure requirements. These standards wereamended in 1988 to include standards for closure and post-closure financial assurance toensure funds would be available to close and to monitor them after closure.In 1989, the legislature passed the “Waste Not Washington Act." This legislation amendedthe Solid Waste Management Act, and established waste reduction and source-separatedrecycling as the fundamental strategies for managing solid waste. It set a goal of recycling50% of Washington State’s waste by 1995 and realigned the state priorities for the collection,handling and management of solid waste. It did not, however, change the basic structure ofthe solid waste collection regulatory system. The revised priorities are as follows:1. Waste reduction2. Recycling, with source separation of recyclable materials as the preferred method3. Energy recovery, incineration, or landfilling of separated waste4. Energy recovery, incineration, or landfilling of mixed wasteThe "Waste Not Washington Act" also directed Ecology to prepare a third solid wastemanagement plan and review the plan at least every five years, updating as appropriate. In1991, Ecology produced the third State Solid Waste Management Plan.The overriding goal of the 1991 State Solid Waste Management Plan was that all solid wastein Washington State (including industrial waste) be managed by the highest priority methodpossible to protect the environment and human health.Specific goals to be reached within twenty years (by 2011) included: Everyone practices waste reduction, with waste generation per capita decreasingannually. Everyone recycles all solid waste possible. The use of recycled and recyclable materials is preferred, with markets for allrecyclables established and reliable.3

Background Paper for Beyond Waste Summary Document Waste is disposed of only after removal of all reusable, recyclable and compostablematerial. Disposal practices protect the environment and human health. Resources are available to manage solid waste with the highest possible prioritymethod. Solid waste laws and regulations are clear, consistent, and workable, and provide eachlevel of government with the authority it needs to manage solid waste properly. All levels of government, citizens and the private sector work cooperatively.Implementation of the 1991 State PlanA great deal of progress has been made toward the goals listed in the 1991 State Solid WasteManagement Plan. Examples of some implementation activities are highlighted below: Eighty-five percent of the state’s population now has access to curbside recycling1. Recycling rates have increased from 15% in 1986 to 35% today. In 2001, Ecologydeveloped an “alternative”2 approach to calculate the recycling rate. The 2002alternative recycling rate was 45%. Local government and state government have invested in waste reduction andrecycling programs and infrastructure. State government funding is provided throughthe Coordinated Prevention Grant Program (CPG). The state Department of General Administration has structured contracts to encourageprocurement and use of reusable and recyclable content materials when appropriate. More solid waste is being diverted from disposal for reuse, recycling, composting andbeneficial land application. Some hazardous wastes from households and from small quantity generators(moderate-risk wastes, or MRW) are being diverted from disposal for reuse andrecycling. The disposal capacity concerns that were prominent in the 1991 plan have virtuallydisappeared, with disposal capacity estimated at about 39 years, assuming currentdisposal rates. This is largely due to the Roosevelt Regional Landfill in KlickitatCounty. A statewide solid waste report is now published annually, and it includes detailedinformation on activities and conditions related to solid waste in Washington.1From Solid Waste in Washington State, Twelfth Annual Status Report, p. 79, Washington State Department of Ecologypublication No. 03-07-019. Available at http://www.ecy.wa.gov/pubs/0307019.pdf2Alternative recycling rate is calculated using the disposed amounts from traditional sources as well as woodwaste,inert/demolition and limited purpose landfills.4

Background Paper for Beyond Waste Summary Document Ecology has developed QA/QC standards for solid waste facilities that have beenincorporated into regulations (Chapters 173-351 and 173-350 WAC). A new Minimum Functional Standards regulation, Chapter 173-350 WAC, has beenenacted that meets legislative directives to encourage recycling, improve solid wastepermitting, and address proper solid waste handling. The new rule is also betterorganized and more clear. Local solid waste plans and priorities reflect a strong emphasis on waste reductionand recycling activities.While these are significant accomplishments, we continue to work toward some of the othergoals set forth in the "Waste Not Washington Act" and the 1991 State Solid Waste Plan,including the 50% recycling rate, decreasing per capita waste generation, and making wastereduction common practice. More specific information about Washington's network of solidwaste infrastructure, services and programs is available in the annual statewide solid wastestatus report published by Ecology. The most recent report as of this writing is, "Solid Wastein Washington State--Twelfth Annual Status Report," Ecology Publication No. 03-07-019.The state solid waste plan revision provides the opportunity to build on Washington'ssuccesses and set long-term goals for the future we want to create.5

Background Paper for Beyond Waste Summary Document 2 evolution in knowledge about the proper handling of solid waste and the proper construction, monitoring, and closure of landfills. . or landfilling of mixed waste The "Waste Not Washington Act" also directed Ecology to prepare a third solid waste management plan and review the plan at least .